Showkat Ah. Wani vs Union Territory Of Jammu And Kashmir & Ors.

ORDER (FINAL) JUSTICE RITU TAGORE, MEMBER [JUDL.]

The present Transfer Application arises out of a writ petition originally instituted before the Hon'ble High Court of Jammu & Kashmir and Ladakh and subsequently transferred to this Tribunal upon conferment of jurisdiction under the Administrative Tribunals Act, 1985. The surviving applicant, Showkat Ahmad Wani, seeks issuance of appropriate directions to the respondents to release the salary allegedly withheld for the period from 2007 to 2016 and from December, 2022 onwards, to upload his service particulars on the Jammu and Kashmir Human Resource Management System (JKHRMS) Portal, and to extend all consequential service benefits.

**02.**Initially, the writ petition was instituted by three applicants, namely, (i) Mohd. Yaseen Wani, S/o Abdul Rahim Wani, R/o Shankerpora, Nowgam Bypass, Srinagar; (ii) Showkat Ahmad Wani, S/o Gh. Mohd. Wani, R/o Qamarwari, Srinagar; and (iii) Abdul Hamid Bhat, S/o Abdul Khaliq Bhat, R/o Qamarwari, Srinagar. During the pendency of the proceedings, applicant No. 1, Mohd. YaseenWani, and applicant No. 3, Abdul Hamid Bhat, withdrew from the petition in terms of the order dated 12.08.2025. Consequently, the controversy now survives only in respect of applicant No. 2, namely, Showkat Ahmad Wani.

**03.**The facts, insofar as they are relevant for adjudication of the present Transfer Application, are that the surviving applicant was initially engaged as a Tailor Master on a temporary basis in Jhelum Valley College of Medical Sciences, Bemina, Srinagar. Subsequently, upon the takeover of the institution by Sher-i-Kashmir Institute of Medical Sciences (SKIMS), the cases of various employees, including that of the applicant, were considered by the competent authorities. It is pleaded that, after due verification and screening by the committees constituted for the purpose, the applicant was retained in service vide Government Order No. 16-IMS of 2000 dated 28.03.2000 and Government Order No. 31 dated 06.05.2000. The retention/appointment was, however, made subject to verification of the applicant's documents. Thereafter, the applicant continued to discharge his duties uninterruptedly.

**04.**It is the case of the applicant that despite rendering continuous service, the respondents withheld his salary for a considerable period commencing from the year 2007 till the year 2016 on the ground that certain issues relating to verification of his age and qualification certificates were pending consideration. According to the applicant, the matter was examined by various committees constituted by the respondents and, ultimately, the competent authority accepted the recommendations made by such committees. Pursuant thereto, Order No.318-SKIMS of 2016 dated 10.09.2016 came to be issued whereby the recommendations were accepted and the services of the applicant, along with other similarly situated employees, were regularized for all practical purposes by permitting them to continue in service, preparing their service books and releasing salary prospectively.

The applicant asserts that pursuant to the orders passed in 2016, his service book was prepared and he continued to receive his salary regularly from September, 2016 till November, 2022. However, his salary for the period from 2007 to 2016 was not released. According to the applicant, upon the introduction of the JKHRMS Portal, the respondents failed to upload his service particulars on the said portal. As a consequence thereof, his salary again came to be withheld from December, 2022 onwards, notwithstanding the fact that he continued to discharge his duties.

Aggrieved by the continued withholding of salary and the failure of the respondents to upload his particulars on the JKHRMS Portal, the applicant approached the Hon'ble High Court by filing the writ petition, which now stands transferred to this Tribunal as the present Transfer Application. The principal grievance projected by the applicant is that the respondents, having accepted his services and permitted him to continue in employment for several years, cannot withhold his salary on account of their own administrative lapses.

It is further pleaded that repeated representations were submitted by the applicant requesting the respondents to release the withheld salary and complete the necessary formalities for uploading his particulars on the JKHRMS Portal. According to him, despite repeated assurances and despite the recommendations of various departmental committees, no effective steps were taken, compelling him to invoke the writ jurisdiction of the Hon'ble High Court.

During the pendency of the present proceedings, significant developments took place. The applicant attained the age of superannuation and retired from service. Consequently, apart from the grievance relating to withheld salary, a fresh cause of action arose inasmuch as the applicant alleged that despite retirement, none of his pensionary or retiral benefits had been processed or released by the respondents.

In view of the aforesaid subsequent developments, the applicant instituted M.A. No.344/2026 seeking appropriate directions for release of pension, gratuity, leave encashment and all other retiral benefits. It is pleaded therein that notwithstanding the retirement of the applicant, the respondents failed to process his pension case, resulting in grave financial hardship. It is specifically averred that pension is not a bounty but a valuable statutory right and forms property within the meaning of Article 300-A of the Constitution of India and, therefore, cannot be withheld except by authority of law.

The applicant further pleads that even provisional pension, as contemplated under Article 168-D of the Jammu and Kashmir Civil Service Regulations, has not been released in his favour. According to him, after rendering the entire period of qualifying service, he has been deprived not only of his regular pension but also of gratuity, leave encashment and other retiral dues without there being any legal impediment justifying such withholding.

Pursuant to the directions issued by this Tribunal, the applicant also filed an affidavit placing on record the latest factual position. It has been stated therein that the respondents have released the salary of the applicant for the period from September 2016 to November 2022, however, they have neither uploaded his credentials on the JKHRMS Portal nor processed his pensionary benefits and other retiral dues. It has also been specifically asserted that even provisional pension has not been sanctioned, leaving the applicant without any post-retiral financial support.

Upon notice, the respondents entered appearance and filed objections resisting the claim of the applicant. At the outset, it is submitted that the petition is misconceived and that no enforceable legal right has been infringed. The respondents contend that the issues raised by the applicant have been examined from time to time and necessary action has been taken strictly in accordance with the applicable rules and administrative procedures.

The respondents do not dispute that the applicant was one amongst the employees whose services came to be considered after the takeover of Jhelum Valley College of Medical Sciences by SKIMS. It is also not disputed that, pursuant to the recommendations made by the committees constituted for examining the cases of such employees, Order No.318-SKIMS of 2016 dated 10.09.2016 was issued and thereafter the applicant continued to remain in service.

It is the stand of the respondents that the issues relating to release of salary and updation of service particulars on the JKHRMS Portal were being attended to in accordance with the applicable procedure. According to them, necessary correspondence had been undertaken with the concerned authorities and the matter required technical and administrative verification before the applicant's particulars could be completely updated on the JKHRMS Portal.

During the pendency of the proceedings, this Tribunal directed both parties to file short affidavits indicating the latest factual position regarding release of salary, updation of the applicant's particulars on the JKHRMS Portal and processing of retiral benefits. Pursuant thereto, the respondents have placed on record a detailed status report explaining the steps taken after the filing of M.A. No.344/2026.

According to the respondents, the pension case of the applicant could not be processed earlier for three principal reasons. Firstly, the matter relating to the applicant was pending judicial consideration and, therefore, according to the respondents, the office considered it appropriate to await clarification of the legal position before taking final action. Secondly, the applicant's profile on the JKHRMS Portal had not been created in the manner required for pension processing. Thirdly, the retirement notification of the applicant had not been issued by the Administrative Department, which, according to the respondents, constituted an essential prerequisite for initiating and processing the pension case.

The respondents further submit that the aforesaid impediments have now substantially been removed. It is specifically stated that the applicant's profile on the JKHRMS Portal has since been successfully created and the necessary processing at the institutional level has already been undertaken. It is further stated that communication dated 06.07.2026 has been addressed to the Administrative Section requesting issuance of the retirement notification of the applicant so that the pension papers may thereafter be processed in accordance with the applicable rules.

It is further pleaded that upon receipt of the retirement notification from the competent Administrative Department and completion of the remaining codal formalities, the pension case of the applicant shall be processed and forwarded in accordance with the applicable rules governing pensionary benefits. According to the respondents, there has been no deliberate or intentional withholding of the applicant's retiral benefits and the delay occurred on account of procedural requirements which were beyond the control of the Accounts Section.

The respondents have also placed on record copies of the communications exchanged between the Accounts Section and the Administrative Branch demonstrating that necessary correspondence has already been initiated for issuance of the retirement notification and for completion of the remaining procedural formalities required for processing the pension case.

Learned counsel appearing for the applicant, while reiterating the averments made in the Transfer Application as well as in M.A. No.344/2026, submitted that although certain developments have taken place during the pendency of the proceedings, the substantial grievance of the applicant still remains unredressed. It is contended that salary from October 2007 to August 2016 and from December 2022 to May 2024 have not yet been paid. It is further contended that the applicant has already retired from service but has not been extended the benefit of pension, gratuity, leave encashment or any other retiral dues despite rendering long years of service under the respondents.

Learned counsel further argued that the respondents cannot justify withholding of salary and pensionary benefits merely by taking the plea that the matter remained sub-judice. According to the learned counsel, pendency of judicial proceedings by itself does not create any embargo upon the respondents from releasing the unpaid legitimate salary and processing the pension case in accordance with law, particularly when no interim order restraining such exercise was operating against them.

Learned counsel also submitted that the respondents themselves have now admitted that the applicant's JKHRMS profile has already been created and that the pension case is under process. It was therefore argued that no useful purpose would now be served by permitting the matter to remain pending indefinitely and that appropriate directions deserve to be issued requiring the respondents to complete the remaining formalities and release all admissible retiral benefits and unpaid salary within a fixed time frame.

Per contra, learned counsel appearing for the respondents submitted that substantial compliance has already been effected during the pendency of the proceedings. It was contended that the applicant's JKHRMS profile now stands created and the pension case has been initiated. Learned counsel submitted that the only remaining requirement is issuance of the retirement notification by the competent Administrative Department, whereafter the pension papers would be processed and all admissible retiral benefits and unpaid salary if any, shall be released strictly in accordance with the applicable rules.

Learned counsel for the respondents, therefore, submitted that in view of the subsequent developments, the controversy now survives only to a limited extent and the matter may appropriately be disposed of by issuing suitable directions enabling the respondents to complete the remaining formalities within a reasonable period.

I have heard learned counsel for the parties, perused the pleadings, the material placed on record and the subsequent affidavits filed pursuant to the directions issued by this Tribunal.

In the light of the subsequent developments which have taken place during the pendency of the proceedings, the principal questions which now arise for consideration are whether any salary for the period from October, 2007 to August, 2016 and from December, 2022 to May, 2024 still remains payable to the applicant; whether the respondents are justified in withholding his pensionary and retiral benefits after his retirement; and, if not, what consequential directions deserve to be issued for securing compliance with the applicable service rules.

Before adverting to the rival contentions, it would be appropriate to notice that the scope of the present controversy has undergone a substantial change during the pendency of the proceedings. The principal grievance originally projected by the applicant related to the withholding of salary for different periods and the grievance regarding the respondents' failure to upload his service particulars on the JKHRMS Portal stands redressed to a considerable extent. Subsequent developments brought on record through the affidavits filed by the parties show that the applicant's salary from September 2016 to November 2022 has been released, the applicant's profile has since been created on the JKHRMS Portal and the pension case has been initiated. However, the dispute regarding the applicant's claim for unpaid salary for the period from October, 2007 to August, 2016 and from December, 2022 to May 2024, as well as his claim for pensionary and other retiral benefits, still survives for consideration.

The applicant has superannuated from service during the pendency of the present proceedings. Upon retirement, every Government servant acquires a right to have his pension case processed and settled in accordance with the applicable statutory rules. It is a settled position of law that pension and other retiral benefits are not matters of discretion or generosity on the part of the employer but are regulated by the governing service rules. Pension is a valuable statutory right, not a bounty and constitutes property within the meaning of Article 300-A of the Constitution of India. Upon retirement the retiree is entitled to timely processing of his pensionary benefits in accordance with the applicable service rules. The obligation to initiate and complete pensionary formalities rests upon the employer and cannot ordinarily be deferred except for reasons recognized by law.

The respondents have not disputed the applicant's entitlement to consideration of his pension case. Their stand is that the delay occurred because the applicant's JKHRMS profile had not been created and the retirement notification had not been issued by the Administrative Department. According to the respondents, both issues have now substantially been addressed and the pension case is under process.

**30.**Insofar as the applicant's grievance regarding release of salary is concerned, the affidavit filed by the applicant acknowledges that salary for the period from September, 2016 to November, 2022 has since been released. However, according to the applicant, salary for the period from October, 2007 to August, 2016 and from December, 2022 to May, 2024 still remains unpaid. Since, the respondents have stated that any admissible unpaid salary shall be released in accordance with the applicable rules. In these circumstances, this Tribunal considers it appropriate to direct the respondents to examine and verify the applicant's claim in respect of the aforesaid periods and release the unpaid salary, if found due and admissible under the rules in accordance with law.

**31.**From the material placed on record, this Tribunal finds that the respondents themselves have candidly stated in the latest status report that the applicant's profile on the JKHRMS Portal has now been created and that the pension case has already been processed to the extent permissible at their level. Therefore, the grievance regarding non-creation of the applicant's profile on the JKHRMS Portal, now no longer survives for adjudication in view of the categorical stand taken by the respondents that the requisite profile has since been created and the pension case has been processed.

The respondents have further stated that communication has been addressed to the competent Administrative Department seeking issuance of the retirement notification, whereafter the remaining formalities for settlement of the pension case shall be completed immediately.

The surviving relief sought in M.A. No.344/2026 is essentially for issuance of appropriate directions requiring the respondents to process and release the applicant's pensionary benefits, including pension, gratuity, leave encashment and other retiral dues. Having regard to the stand taken by the respondents themselves, this Tribunal is of the considered opinion that appropriate directions deserve to be issued to ensure expeditious completion of the remaining formalities so that the applicant is not compelled to undertake further litigation for securing benefits which are otherwise governed by the statutory service rules.

It is pertinent to note that the respondents themselves have acknowledged that the remaining impediment in processing the applicant's pension case is the issuance of the retirement notification by the competent Administrative Department. Once such a position has been admitted by the respondents, no useful purpose would be served in permitting the matter to remain pending indefinitely. The interest of justice would be adequately served by directing the concerned authorities to complete the remaining statutory and administrative formalities including issuance of retirement notification within a specified time-frame.

This Tribunal is equally conscious that settlement of pensionary benefits is not a matter resting upon administrative convenience but is a statutory obligation flowing from the service rendered by a Government employee. A retired employee, having devoted his entire service career to the establishment, is entitled to timely settlement of his retiral dues in accordance with the applicable rules. The respondents are, therefore, expected to ensure close coordination amongst the concerned departments so that procedural formalities do not result in avoidable hardship to a retired employee.

Insofar as the applicant's grievance regarding non-release of provisional pension is concerned, it is the specific case of the applicant that even the benefit contemplated under Article 168-D of the Jammu and Kashmir Civil Service Regulations has not been extended to him. The respondents shall also consider the applicant's claim for grant of provisional pension under Article 168-D of the Jammu and Kashmir Civil Service Regulations, if otherwise admissible under the applicable rules.

This Tribunal, however, refrains from issuing a positive direction for immediate release of pension or any specific retiral benefit since the respondents have categorically stated that certain statutory formalities, including issuance of the retirement notification by the competent Administrative Department, are yet to be completed. The authorities competent under the applicable rules must, therefore, be afforded an opportunity to complete the prescribed procedure. At the same time, such exercise cannot be permitted to remain open-ended or indefinitely delayed.

Accordingly, the Transfer Application along with M.A. No.344/2026 is disposed of with the following directions:

It is made clear that this Tribunal has not expressed any opinion on the quantification of the applicant's retiral benefits or on any disputed issue relating to computation thereof. The competent authority shall determine the applicant's entitlement strictly in accordance with the applicable statutory rules and the service record available with the respondents.

With the aforesaid observations and directions, the Transfer Application as well as M.A. No.344/2026 stand disposed of. Pending miscellaneous application(s), if any, shall also stand disposed of, accordingly. There shall be no order as to costs.

Registry shall consign the record to the Record Room after due completion.